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Convenience store companies that operate thousands of retail outlets across Canada are taking the federal government to court to overturn regulations limiting the sale of nicotine pouches to pharmacies.
Mac’s Convenience Stores Inc. and Couche-Tard Inc., both subsidiaries of Quebec-based Alimentation Couche-Tard Inc., claim in a federal court filing that Health Canada’s rules restricting the sale of nicotine pouches to pharmacies are unfair and unconstitutional.
Parkland Corp., which operates convenience stores at gas stations under the On the Run brand, claims in its own lawsuit that the limit on pharmacy-only sales will increase demand for illegal products “to which youth already have and will continue to have access.” access through the contraband market.”
Parkland claims that illegal nicotine replacement therapy products are “more dangerous than regulated” products, and that the rules “will have the effect of increasing – not decreasing – the risk of health harm.”
Mac and Couche Tard’s application makes a similar argument: since the minister has not banned the sale of the products to minors, mandating that they be sold in pharmacies will “at best perpetuate the identified risks of health damage” for those who buy other products. forms of nicotine replacement therapy, or it could increase the risks for those who turn to the black market for their product.
Only one nicotine pouch product has been approved for sale by Health Canada, Imperial Tobacco’s Zonnic pouches.
The pouch is a small pouch that contains nicotine used in the mouth and Health Canada says Zonnic is a form of nicotine replacement therapy, which can help a person quit smoking by temporarily relieving cravings and withdrawal symptoms.
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Mac’s Convenience Stores and Couche Tard’s legal team in Montreal said their client would not comment on the lawsuit.
Simon Scott, Parkland’s vice president of corporate affairs, said in a statement that the company’s stores “have a proven track record of responsibly and safely selling age-restricted products, including alcohol, tobacco and lottery tickets.” (Nicotine replacement therapies) are no different.”
Scott said removing it from convenience stores will not prevent young people from accessing it, but will instead “impede access for adult customers trying to reduce their tobacco use.”
Health Canada declined to make anyone available for an interview due to “the complexity of the case.”
Federal Health Minister Mark Holland announced in August that sales of Zonnic pouches would be limited to pharmacies due to concerns about “recreational use by people who do not smoke, and in particular by young people under the age of 18.”
The Dutch ministerial decree also banned advertising “that could be attractive to youth”, and limited the flavors of nicotine pouches to mint and menthol.
“Nicotine pouch flavors like berry frost or tropical breeze should not be sold anywhere,” Holland said in an interview with The Canadian Press in August. “What I hope to see is that these products are used for their intended purpose – helping people quit smoking – and that they stop the explosion of these products that we are seeing in youth. ”
Quebec and British Columbia both restricted sales of Zonnic pouches before Holland’s order, allowing sales only at behind-the-counter pharmacies.
In a statement issued after the new restrictions were announced, Imperial Tobacco called Holland’s order “unprecedented.”
Eric Gagnon, the company’s vice president of corporate and regulatory affairs, said it was an “extreme abuse of power” to impose the regulations on the company’s Zonnic pouches.
“These rules do not apply to any other smoking cessation product and singling out Zonnic is a personal attack on our company by Minister Holland and will only make it more difficult for adult smokers to quit,” Gagnon said.
Gagnon said the new rules would lead to people buying illegal products widely available online.
© 2024 The Canadian Press
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